Kerala HC quashes 'Varaharoopam' copyright case after settlement

Kerala HC quashes 'Varaharoopam' copyright case after settlement

The Kerala High Court has invalidated the criminal case filed against the producer, director, distributor, and music director of the Kannada blockbuster film "Kantara" under the Copyright Act for alleged plagiarism of the 'Navarasam' song by Thykkudam Bridge band, which was used as "Varaharoopam" in the movie.

The High Court dismissed the FIR that had been registered under Section 63 of the Copyright Act, 1957. This decision was based on a settlement reached between the petitioners, who are the makers of the film "Kantara," and Mathrubhumi Printing and Publishing Ltd., who had originally filed the complaint. Mathrubhumi Printing and Publishing Ltd. holds the copyright to the "Navarasam" song.

Justice P.V. Kunhikrishnan has dismissed all criminal proceedings against the key individuals involved in the film "Kantara." This includes the film's producer, Vijay Kirgandur; the director, Rishabh Shetty; the distributor in Kerala, Prithviraj Sukumaran; and the song's composer, Ajaneesh Loknath. The dismissal was a result of a settlement agreement that resolved all disputes between the parties.

The Kerala High Court's decision to quash the criminal proceedings against the individuals involved in the film "Kantara" was influenced by the precedents set by the Supreme Court in specific cases, including State of Madhya Pradesh v. Laxmi Narayan and Others (2019), Gian Singh v. State of Punjab and another (2012), and Narinder Singh and others v. State of Punjab and another (2014). In invoking its powers under Section 482 of the Criminal Procedure Code (CrPC), the court relied on these precedents to resolve the matter. 

The court, taking into consideration the legal principles established by the Supreme Court, carefully examined the facts and documents presented in this case. After a thorough review of the complete set of circumstances, the court formed the considered opinion that the dispute at hand is of a private nature and that the settlement reached between the parties is appropriate and acceptable.

During the proceedings, Senior Counsel Joseph Kodianthara, under the guidance of Advocate Vijay V Paul, who represented the Kantara film crew, informed the Court that the petitioners and the complainants had resolved their disputes through a settlement. They requested the Court to quash the criminal proceedings, emphasizing that both parties had entered into a formal settlement agreement, and the complainants had no objections to the dismissal of the criminal case against the petitioners.

Based on the observations mentioned earlier, the Court made the decision to quash the criminal proceedings that had been initiated against the petitioners in Crime No.703/2022 at Kozhikode Town Police Station.

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